Application Receipt Date: 061121	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submitted by the applicant in lieu of DD Form 293. 

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:        

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 021217   
Chapter: 5-13    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: C Btry, 1-56 ADA, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  840303  
Current ENL Date: 020711    Current ENL Term: 6 Years       
Current ENL Service: 00  Yrs, 05 Mos, 07Days      
Total Service:  00  Yrs, 05 Mos, 07 Days      
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Letter   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record:
Current Address: 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 3 December 2002, the applicant was diagnosed by competent medical authority with a severe personality disorder (Personality Disorder NOS per DSM-IV).  The specific facts and circumstances that led  to the applicant's discharge from the Army are not contained in the available records.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of AR 635-200, Chapter 5-13, by reason of personality disorder, with service uncharacterized and a reentry eligibility (RE) code of "3."  Furthermore, the DD Form 214 shows a Separation Code of JFX (personality disorder).  On 16 December 2002, DA, HQ, U.S. Army Air Defense Artillery Center, Fort Bliss, TX, Orders 350-0011, discharged the applicant from the Regular Army, effective date:  17 December 2002.         

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a Soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40, that interferes with assignment to or performance of duty.  The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty.  The regulation also directs that: commanders will not take action prescribed in this chapter in lieu of disciplinary action; requires that the diagnosis concludes the disorder is so severe that the Soldier's ability to function in the military environment is significantly impaired; and states that separation for personality disorder is not appropriate when separation is warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10 or Army Regulation 635-40.  Army policy requires the award of a fully honorable discharge in such case.
      
      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant's available records for the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge and therefore recommends that relief be denied in this case.  The applicant's record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  The analyst noted that the applicant's record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst is presumed Government regularity in the discharge process.  With this type of discharge, the applicant would have been diagnosed with a personality disorder by competent medical authority prior to his separation from service.  The evidence of record also shows that the applicant was in an entry-level status at the time of his separation and his service was appropriately described as uncharacterized.  A Soldier is in entry-level status for the first 180 days of continuous active duty.  Army Regulation 635-200 provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when his separation is initiated while the Soldier is in entry-level status.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant's record and his service did not warrant an honorable characterization of service.  Furthermore, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Therefore, the analyst determined that the reason for discharge and the characterization of service remain both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 18 December 2007              
Location: Washington, DC 

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 0    No change 5   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted to deny relief. 

Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 19December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016138

Applicant Name:  Mr.       
______________________________________________________________________


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